Authority: IC 16-28-1-7

Affected: IC 16-28-5-1

Sec. 5. (a) A facility must immediately inform the resident, consult with the resident's physician, and, if known, notify the resident's legal representative or an interested family member when there is:

1. (1) an accident involving the resident that results in injury and has the potential for requiring physician intervention;
2. (2) a significant change in the resident's physical, mental, or psychosocial status, that is, a deterioration in health, mental, or psychosocial status in either life-threatening conditions or clinical complications;
3. (3) a need to alter treatment significantly, that is, a need to discontinue an existing form of treatment due to adverse consequences or to commence a new form of treatment; or
4. (4) a decision to transfer or discharge the resident from the facility.

(b) The facility must also promptly notify the resident and, if known, the resident's legal representative or interested family member, when there is:

1. (1) a change in room or roommate assignment; or
2. (2) a change in resident rights under federal or state law or regulation.

(c) The facility must record and periodically update the address and phone number of the resident's legal representative or interested family member.

(d) For purposes of IC 16-28-5-1, a breach of:

1. (1) subsection (a) is a deficiency;
2. (2) subsection (b)(2) or (c) is a noncompliance; and
3. (3) subsection (b)(1) is a nonconformance.

(Indiana Department of Health; 410 IAC 16.2-3.1-5; filed Jan 10, 1997, 4:00 p.m.: 20 IR 1531, eff Apr 1, 1997; errata filed Apr 10, 1997, 12:15 p.m.: 20 IR 2414; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; readopted filed May 22, 2007, 1:44 p.m.: 20070613-IR-410070141RFA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA; readopted filed Nov 13, 2019, 3:14 p.m.: 20191211-IR-410190391RFA; readopted filed Nov 14, 2025, 11:18 a.m.: 20251210-IR-410240588RFA)